Vol. 12 · pages 396–400

375THE LAW OF TRUST Explain— (1) Suits based on title. (2) Suits based on possession. (a) By adverse possession. (b) By dispossession. (3) Suits based on partition. Group VI.—Suits to set aside Decrees or Documents obtained by fraud—91, 95. Explain. Group VII.—Suits to set aside Decrees and Orders of Courts and Government Officers —11, 11A, 12, 13, 14. Group VIII.—Suits on Registered Documents —116. Group IX.— Suits on Forts. Explain. —Malicious prosecution—when right to sue begins—2, ..........3. Group X.—Suits on Contracts. Division II—Appeals (Page left blank) Division III—Applications (Page left blank) VII—Law of Prescription (Page left blank) zz

I. INTRODUCTORY 1 What is the nature of the Law of Limitation ? 1. There are various ways in which a time-limit enters into a course of litigation : (1) Cases where the law says action shall be taken within a stated period: Illus. —Order 6 Rule 18.—Amendment of a Plaint. Party obtaining leave to amend must amend within the time fixed by the Court for amendment and if no time is fixed then within 14 days. (2) Cases where the law says action shall not be taken before a certain period has elapsed. Illus.—Section 80 of the C. P. C.—Suit against Secretary of State. No suit shall be instituted against the Secretary of State for India in Council or against any public officer in respect of any Act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been given. (3) Cases in which the law prescribes that action shall not be taken after a certain period has elapsed. 2. It is the third class of cases which strictly speaking constitute the subject-matter of the Law of Limitation. 2 Distinction between Limitation—Estoppel— Acquiescence and Laches All these have the effect of denying to an aggrieved party a remedy for the wrong done to him. That being so it is necessary to distinguish them from Limitation as such. Limitation and Estoppel 1. By Limitation a person is prevented from getting relief because of his having brought the action after the time prescribed for bringing his suit. 2. By Estoppel a person fails to get relief because he is prevented by law from adducing evidence to prove his case. Limitation and Acquiescence 1. Limitation defeats a suitor in the matter of obtaining relief for a wrong because he has consented to the doing of the wrong because his suit is beyond time. 2. Acquiescence defeats a suitor in the matter of obtaining relief for a wrong becasue he has consented to the doing of the wrong.